Critical, Historical, and Miscellaneous Essays; Vol. 5: With a Memoir and IndexMacaulay, Thomas Babington Macaulay, Baron
History
Critical, Historical, and Miscellaneous Essays; Vol. 5: With a Memoir and Index
Macaulay, Thomas Babington Macaulay, Baron
English literature -- History and criticism; Great Britain -- History
will work, fifteen thousand miles from all his friends, with the
thermometer at ninety-six in the shade, for the emoluments which will
content him in chambers that overlook the Thames. Accordingly, the fees
at Calcutta are about three times as great as the fees of Westminster
Hall; and this, though the people of India are, beyond all comparison,
poorer than the people of England. Yet the delay and the expense,
grievous as they are, form the smallest part of the evil which English
law, imported without modifications into India, could not fail to
produce. The strongest feelings of our nature, honour, religion, female
modesty, rose up against the innovation. Arrest on mesne process was the
first step in most civil proceedings; and to a native of rank arrest
was not merely a restraint, but a foul personal indignity. Oaths were
required in every stage of every suit; and the feeling of a Quaker about
an oath is hardly stronger than that of a respectable native. That the
apartments of a woman of quality should be entered by strange men,
or that her face should be seen by them, are in the East, intolerable
outrages, outrages which are more dreaded than death, and which can
be expiated only by the shedding of blood. To these outrages the most
distinguished families of Bengal, Bahar, and Orissa, were now exposed.
Imagine what the state of our own country would be, if a jurisprudence
were on a sudden introduced among us, which should be to us {65}what our
jurisprudence was to our Asiatic subjects. Imagine what the state of our
country would he, if it were enacted that any man, by merely swearing
that a debt was due to him, should acquire a right to insult the persons
of men of the most honourable and sacred callings and of women of the
most shrinking delicacy, to horsewhip a general officer, to put a bishop
in the stocks, to treat ladies in the way which called forth the blow of
Wat Tyler. Something like this was the effect of the attempt which the
Supreme Court made to extend its jurisdiction over the whole of the
Company’s territory.
Public-domain text, read in full here on John Shaqi.
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